UMESHMAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Umesh Mabto, Satyanarain Mahto, Jagdisb Mahto and Prabhu Hazam have been convicted under Section 30,4 read with 34 of the Indian Penal Code (for short I. P, C) and sentenced to rigorous imprisonment for life.

(2.) The first information report has been lodged on 6-4-1979 at 1 A. M. at police-station Silli by Dipnarain Mahto (PW 1) cousin of the deceased Basudeo Mahto where he had gone along with Bhuneshwar Mahto (not examined), Lobin Mahto (PW 2), Lal Mohan Hazam (PW 3), Hari Mahto (not examined) and village Chaukidar Hari Ram Kuwar. It has been said that the informant's cousin Basudeo Mahto, resident of Jainagar had come to the village of informant, namely, Palasdih on 4-4-1979 for mehmant. On 5-4-1979 at about 4 P. M. the informant, Lobin Mahto (P. W. 2), Sukdeo Hajam (P. W. 12) and the deceased cousin Basudeo Mahto had gone to Kitta to see Ramnaumi Mela at about 6 P. M. They all returned and were sitting in the adjoining bari of the house. The victim went to urinate towards south at a distance of about 15-16 steps from the place they were sitting. While urinating the four appellants residents of the same village Palasdih, came armed with phrasa and began to assault the cousin badly who died on the spot. Then the appellants ran away towards south. The dead body of his cousin was lying at the spot and he could not say as to why they have killed his cousin.

(3.) On the basis of the first information report investigation was started by Sunder Prasad (not examined as witness). He went to the spot prepared inquest report and sent the dead body for post-mortem examination. After doing part of the investigation he handed it over to the second investigating officer (for short I. O.) Ramavtar Singh (P. W. 9) who after completing the investigation submitted charge sheet against the appellants.